Applicable from 1st June 2024,
These general terms and conditions of sale (the "GTC") are entered into on the one hand by the company ORECA SAS, registered in the Toulon Trade and Companies Register under number 302 045 794, whose registered office is located Parc d'activités de Signes, 83870 Signes, ("ORECA") and on the other hand, by any individual or legal entity making a purchase via the website (the "Sites") www.oreca-store.com (“OS Site”) and https://pro.oreca.com, or any other available means (the "Customer"). The Customer declares that he/she is of legal age or has parental authorisation and that he/she has the legal capacity to contract, thus enabling him/her to place an order on the Site or by any other available means.
ORECA has all the necessary rights to market and distribute products through the Site.
For any questions relating to an order, the customer relations centre (the "Customer Service") can be reached:
- By telephone on 04 94 88 57 94 from 9am to 6.pm Monday to Friday, excluding public holidays
- From the customer area on the Website
- By e-mail to commercial_OS@reca.fr
- By post to the following address: ORECA Store chez ORECA SAS - BP 706 - 83030 Toulon Cedex 09.
The parties agree that their relations will be governed exclusively by the GTC, in force on the Site at the date of validation of the order for goods and/or services available on the Site and for the duration necessary for the supply of the goods and/or services, until the extinction of the guarantees and obligations owed by ORECA. ORECA reserves the right to modify these GTC at any time by publishing a new version on the Site. Any reference in capital letters to the singular includes the plural and vice versa. The GTC prevail over any other conditions such as the Customer's GTC.
I. ORDER
1.1 Validation of the order implies acceptance, without restriction of the GTC, which the Customer declares to have read before validating the order. 1.2 The Customer will receive an electronic acknowledgement of receipt confirming the order. 1.3 In accordance with article L121-11 of the French Consumer Code, ORECA undertakes to honour orders only within the limits of available stocks. In the event of unavailability of a good and/or a service, ORECA undertakes to inform the Consumer. However, ORECA reserves the right to refuse the order if it is abnormal, placed in bad faith or for any other reason that it deems legitimate, particularly in the event of a dispute with the Consumer concerning the payment of a previous order.
II. PRICE
2.1 The price of the products corresponds to the price list in force at the time the order is validated. The period of validity of offers and prices is determined by the updating of the Site. 2.2 Prices are subject to change without notice, without ORECA being held responsible, in particular in the event of a change in the VAT rate or in the event of an obvious error in the price, product or discount. 2.3 Prices are expressed in euros, all taxes included ("VAT"), excluding delivery and customs charges ("Ex works"), all other currencies are shown for information only. Consequently, payment is made in euros and any additional costs linked to exchange rate fluctuations and banking operations are entirely at the Customer's expense. Telecommunication costs inherent in accessing the Site remain the sole responsibility of the Customer.
III. PRODUCTS MODIFICATIONS
3.1 The technical and photographic specifications given in our sales documentation and on the Site are provided for information purposes only and therefore have no contractual value. They are subject to change without notice. 3.2 The deletion or modification by ORECA's suppliers of products which have been the subject of a registered order, authorises ORECA to cancel the current order unless the Customer agrees to modify it, to which the Customer agrees.
IV. DELIVERY
4.1 The Customer selects one of the delivery methods offered on the Site when ordering. 4.2 The Customer selects a delivery address which must be located in a territory listed as https://en.oreca-store.com/24-hour-delivery, failing which the order will be refused. The Customer is solely responsible for any failure to deliver due to a lack of information and/or an error in the address given when the order was placed. 4.3 The amount of delivery costs, indicated before the order is validated, depends on the amount of the order and/or the delivery method chosen by the Customer. 4.4 ORECA undertakes to deliver the product within a maximum period of 4 (four) months from the date of the order, subject to satisfactory completion by its supplier. The Customer will receive electronic confirmation of the dispatch of the order. Delivery times are given in working days. The delivery times indicated at the time of the order are given as an indication only, and do not in any way constitute a commitment on the part of ORECA. 4.5 In the event that the delivery time exceeds the aforementioned maximum period of 4 (four) months, the Consumer will have the right to cancel the order and obtain a refund. In order to do this, once the 4 (four) month period has elapsed, the Consumer must send an unambiguous statement of his/her wish to cancel the order to Customer Services. 4.6 Upon receipt of the order at the destination, it is the Customer's responsibility to check the condition of the packaging and the products in the presence of the carrier in order to ensure that there is no damage. In the event of any anomaly (damaged packaging, missing, damaged or broken products), it is the Customer's responsibility to make the necessary reservations and complaints, or even to refuse the parcel containing the order if it is clearly damaged on delivery. In addition, the Customer will have a period of 3 days to make reservations with the carrier or 2 (two) working days (not including public holidays) to notify ORECA via the claim form on the Site, accompanied by a photo showing the anomaly. Failure to make a claim within the above time limit will extinguish any claim in accordance with Article L133-3 of the French Commercial Code. 4.7 Delivery, customs and return costs shall be borne by the Customer even in the event of refusal to accept or collect the order, with the exception of cases of refusal due to damaged or non-compliant packages.
V. RETURNS
5.1 Legal withdrawal period - In accordance with article L.221-18 of the French Consumer Code, the Customer acting as a consumer as defined by the French Consumer Code (the "Consumer"), has a right of withdrawal which may be exercised within a period of 14 (fourteen) calendar days from receipt or collection of the order, provided that the products returned are in new, undamaged condition and in their original packaging. If this period expires on a Saturday, Sunday or public holiday, it will be extended to the next working day. To this end, the Consumer must contact Customer Services either using the withdrawal form available on the Site or by means of an unambiguous statement expressing his/her wish to withdraw in accordance with the model below. Once the Consumer has communicated his/her decision to exercise his/her right of withdrawal within the 14-day period, he/she has a further 14 days to return the product(s) concerned. The Consumer will bear the full cost of returning the products ordered.
For the attention of ORECA’s Customer Service
At ORECA
BP 706
83030 Toulon Cedex
commercial_OS@oreca.fr
Dear Sir or Madam
I hereby notify you of my withdrawal from the contract for the sale below:
- Order number (mentioned in the "My account" section of the shop) :
- Product returned :
- Ordered on / Received on :
- Customer's name :
- Customer's email address :
- Postal address :
Date and Signature
5.2 Contractual period - ORECA offers Consumer the possibility of returning the products ordered for a refund, within 30 (thirty) calendar days (i.e. 16 additional days compared to the legal withdrawal period) from the date of receipt or collection of the order, on condition that the products returned are in new, undamaged condition and in their original packaging. If these conditions are not met, if the product has been worn or if the deadline has not been met, then no refund will be made. 5.3 However, no returns under articles 5.1 and 5.2 will be accepted in the case of specific orders for products not held in stock, ordered specially for the Customer and/or made to measure in accordance with article L221-29 of the French Consumer Code. 5.4 All returns, whether covered by article 5.1 or 5.2, must be accompanied by the approval number provided by Customer Services on the day of the request. Section 1 (top) of the returns form must be affixed to the outside of the return parcel and section 2 (bottom) placed inside. 5.5 If the product is not returned in its original condition with its packaging, new and complete, ORECA reserves the right to retain a minimum of 20% (twenty percent) of the price of the said product for storage, packaging or repair costs. For returns under article 5.2, ORECA reserves the right to refuse reimbursement if the products are not returned in their original condition. In this case, if the Customer wishes to recover the said products, he/she will have to pay the return costs. 5.6 Subject to compliance with the conditions listed above, refunds will be made within 14 days of receipt of the Products via the means of payment used at the time of the returned order, except in the event of failure or with the express agreement of the Customer for a refund by another means.
VI. WARRANTY
6.1 Professional customers: The products for sale on the Site are covered by the warranty against hidden defects (articles 1641 et seq. of the French Civil Code), enabling the Customer to return defective products delivered. The Customer may exercise this guarantee by sending a request to Customer Services. The warranty will not cover products that have been damaged due to:
- Normal wear and tear;
- Improper use;
- Modification or repair of the Products by the Customer or any other third party.
Apart from this guarantee, and except in the case of non-compliance of the order, the Professional Customer has no other right of return.
6.2 Consumers: The products for sale on the Site benefit from the legal warranty of conformity (articles L217-3 et seq. of the French Consumer Code) and the warranty against hidden defects (articles 1641 et seq. of the French Civil Code), entitling the Consumer to return defective or non-compliant delivered products. The Consumer may exercise these warranties by sending a request to the Customer Service Department.
The warranty will not cover products that have been damaged due to:
- Normal wear and tear;
- Improper use;
- Modification or repair work on the Products by the Consumer or any other third party
“The consumer has a period of two years from the delivery of the good in which to obtain the implementation of the legal warranty of conformity in the event of the appearance of a non-conformity. During this period, the consumer is required only to establish the existence of the non-conformity, and not the date of its occurrence.
“In cases where the contract for the sale of the good makes provision for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to this digital content or digital service throughout the planned period of supply. During this period, the consumer is required only to establish the existence of the lack of conformity affecting the digital content or the digital service, and not the date of its appearance. The legal warranty of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the item.
“The legal warranty of conformity gives the consumer the right to repair or replace the good within thirty days of their request, at no cost and without major inconvenience for them.
“If the good is repaired under the legal warranty of conformity, the consumer will benefit from a six-month extension of the initial guarantee.
“If the consumer requests the repair of the good, but the seller requires the replacement, the legal warranty of conformity is renewed for a period of two years from the date of the replacement of the good.
“The consumer may obtain a reduction in the purchase price by retaining the good, or may terminate the contract with reimbursement in full against return of the good, if:
“1 The professional refuses to repair or replace the good;
“2 The good is repaired or replaced after a period of thirty days;
“3 The repair or replacement of the good causes a major disadvantage for the consumer; for example, in the event that the consumer definitively bears the costs of taking back or removing the non-compliant good, or bears the costs of installing the repaired good or replacing it;
“4 The non-conformity of the good persists despite the seller’s continuing unsuccessful attempts to bring it into conformity.
“The consumer is also entitled to a reduction in the price of the good or to the termination of the contract in cases where the non-conformity is so serious that it justifies the immediate price reduction or the termination of the contract. The consumer is therefore not required to request the repair or replacement of the goods in advance.
“The consumer is not entitled to cancel the sale if the lack of conformity is minor.
“Any period during which the good is unavailable for use for reasons of repair or replacement suspends the warranty which remained to run until delivery of the repaired good.
“The aforementioned rights result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
“Any seller who obstructs the implementation of the legal warranty of conformity in bad faith may incur a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
“The consumer also benefits from a legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the holder to a price reduction if the good is retained, or to a full refund against return of the good.”
VII. PAYMENT AND DUE DATES
7.1 Products and/or services are payable in cash at the time the order is placed. 7.2 The methods of payment accepted are credit card (Carte Bleue, Visa, EuroCard/MasterCard networks), paypal, E-gift card only for OS Site, and bank transfer (only for professional Customers). 7.3 The transaction is immediately debited from the Customer's bank card after verification of the Customer's card details, on receipt of debit authorisation from the company issuing the bank card used by the Customer. 7.4 In accordance with article L132-2 of the French Monetary and Financial Code, the commitment to pay, given by means of a payment card, is irrevocable. By communicating his/her bank card details, the Customer authorises ORECA to debit his/her bank card for the amount corresponding to his/her order. To this end, the Customer confirms that he/she is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his/her own. The Customer communicates the sixteen digits and the expiry date of his/her credit card as well as, if applicable, the visual cryptogram numbers. ORECA makes every effort to ensure the confidentiality and security of data transmitted on the Site. 7.5 The order is sent after payment. In the event that payment is impossible, the sale will be immediately terminated by operation of law and the order will be cancelled. 7.6 Any sum paid by the Customer at the time of ordering is considered as a deposit by the parties. 7.7 When a credit note has been granted on a commercial basis, the Customer will receive it electronically. This credit will be usable for the next order placed by telephone only. This credit note has a limited duration of 12 (twelve) months from the date of issue. The credit note is personal and non-transferable. In the event of late payment by a professional Customer, late payment interest will be charged at a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 (ten) percentage points, as well as a fixed penalty for collection costs of 40 (forty) euros per invoice not paid by the due date. 7.8 In the event of non-payment by a professional Customer, ORECA will be entitled to claim damages from the latter amounting to 15% (fifteen percent) of the amount of the debt including VAT, with a fixed minimum of 300 (three hundred) euros per debt, whatever the amount of the loss actually suffered. 7.9 In the event of special terms of payment being agreed, these terms will immediately become null and void in the event of late payment in full or in part.
VIII. RETENTION OF TITLE
In application of law 80.335 of 12 May 1980, ORECA reserves ownership of the products until payment in full of the price and its accessories by the professional Customer. In the event of total or partial non-payment of the price of products ordered on the due date for any reason whatsoever, by express agreement, ORECA reserves the right, without formality, to take physical possession of these products at the expense, risk and peril of the professional Customer. This resolutive condition does not affect the immediate transfer of risks and perils to the professional Customer.
IX. INTELLECTUAL PROPERTY
All trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Website or on the products sold, their accessories and packaging, whether registered or not, are and will remain the property of ORECA. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of ORECA, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of ORECA.
X PERSONAL DATA
10.1 As personal data controller, ORECA may collect personal data. In accordance with the French Data Protection Act of 6 January 1978 and Regulation (EU) No. 2016/679, the Customer has the right to access, rectify and object to personal data concerning him or her, which may be exercised by sending a request to this end to the address dpo.ext@oreca.fr taking care to specify his or her surname, first name and address. 10.2 ORECA invites you to consult its personal data protection charter available on the Website. 10.3 Please note that certain information is mandatory and necessary to process your request and/or order. Failure to complete a mandatory field marked with an asterisk (*) may jeopardise the proper processing of your application and/or order. 10.4 Finally, we would like to inform you of the existence of the "Bloctel" telephone anti-solicitation list, on which you can register (https://conso.bloctel.fr/).
XI ACTS OF GOD AND FORCE MAJEURE
11.1 ORECA's obligations shall be suspended in the event of an Act of God or force majeure as defined by French legislation and jurisprudence, which delays or prevents their execution. In this case, ORECA will not be held liable, and the Customer will not be entitled to claim any compensation whatsoever. 11.2 In such a situation, ORECA will advise the Customer of the occurrence of such a fortuitous event or force majeure as soon as possible from the date of occurrence of the event. 11.3 In the event that the suspension of ORECA's obligations should continue beyond a period of 4 (four) consecutive months, the Customer will have the option of cancelling the current order and ORECA will then proceed with the reimbursement of the order using the same means of payment used for the order.
XII. INVALIDITY
If any of the provisions of the GTC are declared null and void, this will not invalidate the other provisions of the GTC, which will remain in force between the Parties.
XIII. GOVERNING LAW
13.1 Any dispute or litigation in relation to the GTC will be subject to French law to the exclusion of any conflict of law rule and the 1980 United Nations Convention on Contracts for the International Sale of Goods. 13.2 For any dispute arising between ORECA and the Customer, the French courts will have exclusive jurisdiction. 13.3 In accordance with the provisions of articles L.211-3 and L.616-1 of the Consumer Code concerning the amicable settlement of disputes, ORECA adheres to the Service du Médiateur du e-commerce of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 Rue La Boétie - 75008 Paris - http://www.mediateurfevad.fr. After prior written application by the Consumer to ORECA, the Mediation Service may be contacted on the FEVAD website for any consumer dispute for which a settlement has not been reached. 13.4 The European Commission has set up a dispute resolution platform designed to collect any complaints from European Consumers following an online purchase and to forward them to the competent national mediators. This platform can be accessed by clicking here https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&ln 13.5 In the event of a contradiction between the French version and a foreign version of the GTC, the French version shall prevail.
